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action affirmed agreement alleged allowed amount answer appeal applied argued asked attorney authority bond brought called cause of action charge claim Code complaint concurred construction contract conveyed corporation costs counsel court damages Decided decision deed defendant defendant's demand denying directed easement effect entered entitled equity evidence exception executed existence facts favor fraud FREEDMAN further give given granted ground held insurable interest issued John judge judgment jury land matter meaning ment mortgage motion necessary negligence objection Opinion owner paid parties payment person plaintiff points possession premises present proceedings proof prove question railway reason received recover referred refusal relief request respondent reversed rule SEDGWICK Statement street sufficient sustained taken term testimony tion trial trust verdict witness York
Side 11 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Side 434 - ... an error, in the admission or exclusion of evidence, or in any other ruling or direction of the judge, upon the trial, may, in the discretion of the court which reviews it. be disregarded, if that court is of opinion, that substantial justice does not require that a new trial should be granted.
Side 52 - Bronx in said city, in the office of the register of the city and county of New York.
Side 6 - But it must appear, upon the face of the complaint, that all the causes of action, so united, belong to one of the foregoing subdivisions of this section...
Side 481 - ... it shall be the duty of the prothonotary of any court of record within this commonwealth, on the application of any person being the original holder [or assignee of such holder] of a note, bond, or other instrument of writing in which judgment is confessed, or containing a warrant for an attorney at law or other person to confess judgment, to enter judgment against the person or persons who executed the same for the amount which, from the face of the instrument, may appear to be due...
Side 515 - A person seized of an estate in remainder or reversion, may maintain an action founded upon an injury done to the inheritance, notwithstanding any intervening estate for life or for years.
Side 102 - Court, that taking a note, either of the debtor or of a third person, for a pre-existing debt, is no payment, unless it be expressly agreed to take the note as payment, and to run the risk of its being paid; or unless the creditor parts with the note, or is guilty of laches in not presenting it for payment in due time.
Side 523 - The mistake which will warrant a court of equity to reform a contract in writing must be one made by both parties to the agreement, so that the intentions of neither are expressed in it ; or it must be the mistake of one party, by which his intentions have failed of correct expression, and there must be fraud in the other party in taking advantage of that mistake and obtaining a contract with the knowledge that the one dealing with him is in error in regard to what are its terms.
Side 487 - The fact that the Court had jurisdiction of the subject matter, and of the person of the defendant, is sufficient to establish the validity of the judgment until reversed or set aside.